Other federal authorities testify that they never saw profiling by Sheriff's Office

By Michael J. Abernethy / Times-News

Published: Tuesday, August 19, 2014 at 10:07 PM.

WINSTON-SALEM – Terry Johnson’s defense team turned a mirror to the federal government Tuesday -- its first day of evidence in the sheriff’s racial profiling trial brought by the U.S. Department of Justice -- showing that other federal agencies have few, if any, complaints about the Alamance County Sheriff’s Office.

A U.S. Drug Enforcement Administration agent and a former U.S. Immigration and Customs Enforcement official testified that they observed no racial profiling or discriminatory policing while cooperating with the sheriff’s office.

Both agencies have worked closely with Alamance County deputies over the last decade. The DEA often employs Johnson’s office in large-scale drug busts and investigations, Greensboro-based DEA agent Walter Serniak testified. Many times, those busts are of shipments by Mexican cartels with hubs in Alamance County, Serniak said.

Serniak testified he would cease working with the office if he saw evidence of racial profiling. As much as 90 percent of drug activity Serniak investigates is linked to Mexican drug cartels. He described several large operations working out of trailers and “stash houses” in Alamance County.

Jill Arndt supervised ICE’s 287(g) program at the Alamance County jail, which certified deputies to process inmates who were illegal immigrants for deportation. Arndt could have requested that deputies discriminating against inmates or those being held by ICE at the jail be removed from the 287(g) program. She never had that issue.

The DOJ accuses Johnson of targeting Hispanics for traffic stops, searches and arrests – violations of the fourth and 14th amendments of the Constitution. His federal trial on those allegations began Aug. 12 in federal court in Winston-Salem.

The DOJ rested its case Monday, after testimony by current and former Alamance County Sheriff’s Office employees, some of whom said they’d heard Johnson call for the arrest of Hispanics. Johnson denies those allegations. DOJ evidence also included internal emails from the sheriff’s office containing jokes pertaining to Hispanics and the border issue, and of expert witnesses who testified that statistics from the office’s traffic citations show racial disparity toward Hispanics.

During defense motions to dismiss the case Tuesday morning, U.S. District Court Judge Thomas Schroeder asked lead DOJ attorney Michael Songer questions about how the DEA and ICE operations overlap into the accusations of Constitutional violations.

Even the use of the term “Mexican” was weighed. Several DOJ witnesses claimed they heard Johnson refer to all Hispanics as “Mexican," or tell deputies to “go get some Mexicans.” At least one officer said he believed Johnson was referring to Mexican drug cartels.

“If Mexican drug dealers are operating in a county, can a sheriff say to arrest a Mexican drug dealer?” Schroeder asked Songer. “What is the sheriff supposed to say? I read in the newspaper all the time about Mexican drug cartels. I have a criminal docket (full of defendants involved with cartels) … How does law enforcement refer to someone that way?”

Songer argued that would still be a violation of the Constitution by making “an express classification” targeting Mexicans.

Schroeder asked how 287(g) fit into the equation, given that deputies were given federal authority to enforce immigration laws. Schroeder suggested the DOJ’s definitions of racial profiling and targeting could be employed routinely by officers with the Department of Homeland Security or the border patrol. He also mentioned that at least one Alamance County officer testified that ICE directed the sheriff’s department in some operations.

“This is not a suit for violations of 287(g) … or about whether 287(g) is a wise policy,” Songer said. “Federal intent is entirely beyond the scope of these issues.”

During those motions, defense attorney Chuck Kitchen also argued that the DOJ’s traffic stop evidence was faulty and based on inaccurate statistics and science.

Schroeder said he would take the motions under advisement and allow the trial to continue. The defense may end its evidence Thursday, Kitchen said.

AMONG OTHER WITNESSES Tuesday, Alamance County District Attorney Pat Nadolski testified that he was unaware of any racial profiling by the sheriff’s department. Nadolski said he would “absolutely” address a pattern of profiling or discrimination with an officer and their superiors, including Johnson.

“Even if it was not a pattern (of behavior), it would be my duty to. Even if it was a one-time event,” Nadolski said.

His office prosecutes cases investigated by law enforcement and reviews investigations to establish probable cause needed to bring a case to trial. Nadolski did say that his office wouldn’t have a chance to review traffic citations if they are paid before a court date.

• Green Level Town Clerk Sandra McCollum testified that the town requested Johnson provide extra patrols and enforcement there to curb drug and violent crimes. The town and the sheriff’s office have had agreements in place since 2002.

Some DOJ testimony regarded traffic stops in and near Green Level, purported to target predominantly Hispanic neighborhoods and mobile home parks.

• Sgt. Dan Cubino testified about his involvement as a sworn ICE agent with the 287(g) program. He testified he never saw any racial profiling and never heard derogatory statements about Hispanics. Cubino is of Cuban and Italian heritage.

• Capt. Richard Longamore, director of personnel and training for the sheriff’s department, testified that he forwarded an email containing disparaging remarks about Hispanics and human trafficking to Johnson and Chief Deputy Tim Britt “for informational purposes.” The email was sent to him by Victor Jeffries, a former court interpreter who also once taught Spanish classes for the sheriff’s department.

“To me, it doesn’t make a whole lot of sense,” Longamore said. “I didn’t send it for any particular reason.”

The trial resumes at 9 a.m. Wednesday in the Hiram H. Ward Federal Building in Winston-Salem.

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WINSTON-SALEM – Terry Johnson’s defense team turned a mirror to the federal government Tuesday -- its first day of evidence in the sheriff’s racial profiling trial brought by the U.S. Department of Justice -- showing that other federal agencies have few, if any, complaints about the Alamance County Sheriff’s Office.

A U.S. Drug Enforcement Administration agent and a former U.S. Immigration and Customs Enforcement official testified that they observed no racial profiling or discriminatory policing while cooperating with the sheriff’s office.

Both agencies have worked closely with Alamance County deputies over the last decade. The DEA often employs Johnson’s office in large-scale drug busts and investigations, Greensboro-based DEA agent Walter Serniak testified. Many times, those busts are of shipments by Mexican cartels with hubs in Alamance County, Serniak said.

Serniak testified he would cease working with the office if he saw evidence of racial profiling. As much as 90 percent of drug activity Serniak investigates is linked to Mexican drug cartels. He described several large operations working out of trailers and “stash houses” in Alamance County.

Jill Arndt supervised ICE’s 287(g) program at the Alamance County jail, which certified deputies to process inmates who were illegal immigrants for deportation. Arndt could have requested that deputies discriminating against inmates or those being held by ICE at the jail be removed from the 287(g) program. She never had that issue.

The DOJ accuses Johnson of targeting Hispanics for traffic stops, searches and arrests – violations of the fourth and 14th amendments of the Constitution. His federal trial on those allegations began Aug. 12 in federal court in Winston-Salem.

The DOJ rested its case Monday, after testimony by current and former Alamance County Sheriff’s Office employees, some of whom said they’d heard Johnson call for the arrest of Hispanics. Johnson denies those allegations. DOJ evidence also included internal emails from the sheriff’s office containing jokes pertaining to Hispanics and the border issue, and of expert witnesses who testified that statistics from the office’s traffic citations show racial disparity toward Hispanics.

During defense motions to dismiss the case Tuesday morning, U.S. District Court Judge Thomas Schroeder asked lead DOJ attorney Michael Songer questions about how the DEA and ICE operations overlap into the accusations of Constitutional violations.

Even the use of the term “Mexican” was weighed. Several DOJ witnesses claimed they heard Johnson refer to all Hispanics as “Mexican," or tell deputies to “go get some Mexicans.” At least one officer said he believed Johnson was referring to Mexican drug cartels.

“If Mexican drug dealers are operating in a county, can a sheriff say to arrest a Mexican drug dealer?” Schroeder asked Songer. “What is the sheriff supposed to say? I read in the newspaper all the time about Mexican drug cartels. I have a criminal docket (full of defendants involved with cartels) … How does law enforcement refer to someone that way?”

Songer argued that would still be a violation of the Constitution by making “an express classification” targeting Mexicans.

Schroeder asked how 287(g) fit into the equation, given that deputies were given federal authority to enforce immigration laws. Schroeder suggested the DOJ’s definitions of racial profiling and targeting could be employed routinely by officers with the Department of Homeland Security or the border patrol. He also mentioned that at least one Alamance County officer testified that ICE directed the sheriff’s department in some operations.

“This is not a suit for violations of 287(g) … or about whether 287(g) is a wise policy,” Songer said. “Federal intent is entirely beyond the scope of these issues.”

During those motions, defense attorney Chuck Kitchen also argued that the DOJ’s traffic stop evidence was faulty and based on inaccurate statistics and science.

Schroeder said he would take the motions under advisement and allow the trial to continue. The defense may end its evidence Thursday, Kitchen said.

AMONG OTHER WITNESSES Tuesday, Alamance County District Attorney Pat Nadolski testified that he was unaware of any racial profiling by the sheriff’s department. Nadolski said he would “absolutely” address a pattern of profiling or discrimination with an officer and their superiors, including Johnson.

“Even if it was not a pattern (of behavior), it would be my duty to. Even if it was a one-time event,” Nadolski said.

His office prosecutes cases investigated by law enforcement and reviews investigations to establish probable cause needed to bring a case to trial. Nadolski did say that his office wouldn’t have a chance to review traffic citations if they are paid before a court date.

• Green Level Town Clerk Sandra McCollum testified that the town requested Johnson provide extra patrols and enforcement there to curb drug and violent crimes. The town and the sheriff’s office have had agreements in place since 2002.

Some DOJ testimony regarded traffic stops in and near Green Level, purported to target predominantly Hispanic neighborhoods and mobile home parks.

• Sgt. Dan Cubino testified about his involvement as a sworn ICE agent with the 287(g) program. He testified he never saw any racial profiling and never heard derogatory statements about Hispanics. Cubino is of Cuban and Italian heritage.

• Capt. Richard Longamore, director of personnel and training for the sheriff’s department, testified that he forwarded an email containing disparaging remarks about Hispanics and human trafficking to Johnson and Chief Deputy Tim Britt “for informational purposes.” The email was sent to him by Victor Jeffries, a former court interpreter who also once taught Spanish classes for the sheriff’s department.

“To me, it doesn’t make a whole lot of sense,” Longamore said. “I didn’t send it for any particular reason.”

The trial resumes at 9 a.m. Wednesday in the Hiram H. Ward Federal Building in Winston-Salem.